Alabama Human Rights Agency Charge (EEOC Substitute)

CHARGE OF DISCRIMINATION — EEOC (ALABAMA)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

BIRMINGHAM DISTRICT OFFICE

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form.

1. CHARGING PARTY INFORMATION

2. RESPONDENT INFORMATION

3. DISCRIMINATION BASIS (Check all that apply)

☐ Race

☐ Color

☐ Sex (including pregnancy, sexual orientation, gender identity)

☐ Religion

☐ National Origin

☐ Age (40 or older)

☐ Disability

☐ Genetic Information

☐ Retaliation (for protected activity)

☐ Equal Pay

☐ Other: [SPECIFY]

4. DATES OF DISCRIMINATION

5. ADVERSE EMPLOYMENT ACTION (Check all that apply)

☐ Termination / Discharge

☐ Failure to Hire

☐ Failure to Promote

☐ Demotion

☐ Layoff

☐ Reduction in Pay / Hours

☐ Harassment / Hostile Work Environment

☐ Failure to Accommodate (Disability or Religion)

☐ Constructive Discharge

☐ Discipline (write-up, suspension, PIP)

☐ Denial of Benefits

☐ Other: [SPECIFY]

6. PARTICULARS / STATEMENT OF FACTS

6.1. I, [CHARGING PARTY NAME], am [a member of protected class — e.g., African-American / female / over age 40 / a person with [DISABILITY] / etc.].

6.2. I was hired by Respondent on or about [DATE] as a [POSITION]. At all times material, I performed my job duties satisfactorily.

6.3. On or about [DATE], [NAME / TITLE OF DECISIONMAKER] [describe adverse action — terminated me, refused to promote me, denied my accommodation request, harassed me, etc.].

6.4. The reason given by Respondent for this action was [STATED REASON]. This reason is pretextual because [FACTS — e.g., similarly situated [comparator class] employees were not [adverse action]; the stated reason is contradicted by [evidence]; deviation from policy; temporal proximity to protected activity].

6.5. [Identify comparators — name(s) and protected-class status of similarly situated employees who were treated more favorably.]

6.6. [If retaliation: I engaged in protected activity on [DATE] by [DESCRIBE — complaining of discrimination, filing prior charge, requesting accommodation, etc.]. The adverse action followed [TIME PERIOD] later, evidencing causation.]

6.7. [If hostile work environment: I was subjected to severe and/or pervasive harassment based on [protected class], including [SPECIFIC INCIDENTS WITH DATES, ACTORS, AND CONTENT]. Respondent knew or should have known of the harassment and failed to take prompt remedial action.]

6.8. [If failure to accommodate: I have a [DISABILITY / SINCERELY HELD RELIGIOUS BELIEF] requiring [ACCOMMODATION]. I requested the accommodation on [DATE]. Respondent denied the request without engaging in the interactive process, despite the accommodation being reasonable and not imposing an undue hardship.]

6.9. I believe I have been discriminated against because of my [PROTECTED CLASS] in violation of [Title VII of the Civil Rights Act of 1964, as amended / the Age Discrimination in Employment Act of 1967, as amended / the Americans with Disabilities Act of 1990, as amended / 42 U.S.C. § 1981 / the Genetic Information Nondiscrimination Act of 2008].

7. RELIEF REQUESTED

I request that the EEOC investigate this charge and provide all available remedies, including:

☐ Reinstatement and/or hiring

☐ Back pay and front pay

☐ Lost benefits

☐ Compensatory damages for emotional distress and other harms

☐ Punitive damages where authorized

☐ Reasonable accommodation

☐ Posting of EEOC notice

☐ Training of Respondent's employees

☐ Attorney's fees and costs

☐ Notice of Right to Sue upon request

8. CHARGING PARTY VERIFICATION AND OATH

I declare under penalty of perjury that I have read the above charge and that it is true to the best of my knowledge, information, and belief.

I also want this charge to be filed with appropriate state or local agencies if any: ☐ Yes ☐ No

Date: [__/__/____]

Signature of Charging Party: [________________________________]

Print Name: [CHARGING PARTY NAME]

9. NOTARY ACKNOWLEDGMENT

STATE OF ALABAMA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

10. ALABAMA-SPECIFIC FILING NOTES

10.1. No State Human Rights Agency

Alabama is one of a small number of states with NO state human-rights commission, NO state fair-employment-practices agency, and NO state civil-rights enforcement body for private-sector discrimination. The Alabama Department of Labor's Equal Opportunity unit handles internal Title VI / Title VII compliance for state agencies receiving federal funds — it does NOT investigate private-sector discrimination charges. Charging parties must file directly with the EEOC.

10.2. Non-Deferral State — 180-Day Window

Because Alabama has no work-sharing FEPA, the 180-day federal charge-filing deadline applies. The 300-day extended deadline available in deferral states does NOT apply. Calendar this deadline carefully.

10.3. EEOC Birmingham District Office

The Mobile Local Office serves southern Alabama. Confirm the appropriate filing office based on the location of the alleged discrimination.

10.4. Alabama Age Discrimination in Employment Act (AADEA) — Direct State-Court Option

Under Ala. Code § 25-1-29, an age-discrimination plaintiff may file suit DIRECTLY in Alabama state court within 180 days of the discriminatory act, WITHOUT first filing an EEOC charge. This is a unique feature of Alabama law. However:

• Filing only in state court forfeits federal-ADEA remedies that require EEOC exhaustion.
• Filing only with the EEOC may run the AADEA's 180-day lawsuit clock unless tolling applies.
• Best practice: file an EEOC charge AND, if the 180-day lawsuit clock approaches, file the AADEA action in Alabama state court to preserve all remedies.

10.5. Alabama Disability Access Statute (Ala. Code § 21-7-1 et seq.)

The state disability-access statute is enforced through:

• Criminal misdemeanor prosecution under § 21-7-5 (refer to local district attorney).
• Parallel ADA Title III lawsuits in U.S. District Court (no EEOC exhaustion; ADA Title III governs public accommodations).
• ADA Title I (employment) requires EEOC charge filing.

There is NO Alabama administrative agency for disability-access charges.

10.6. Alabama Department of Human Resources (DHR)

DHR administers limited programs related to vulnerable adults, foster care, and child welfare. DHR is NOT a civil-rights enforcement agency for employment, public-accommodation, or housing discrimination. Adult Protective Services complaints involving disability-related abuse or neglect may be filed with DHR at https://dhr.alabama.gov/.

10.7. Federal Agencies for Specific Claim Types

10.8. After EEOC Issues Right-to-Sue

Upon receipt of an EEOC Notice of Right to Sue, suit must be filed within 90 days. Suit may be brought in the U.S. District Court for the Northern, Middle, or Southern District of Alabama, or in Alabama Circuit Court (concurrent jurisdiction over Title VII per Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990)).

11. PRACTICE NOTES

• Preservation. Preserve emails, text messages, performance reviews, witness contacts, and dates from the moment discrimination is suspected. Alabama is an at-will employment state; documentary evidence is often dispositive.
• Witnesses. Identify by name, contact information, and substance of expected testimony. EEOC investigators routinely interview witnesses.
• Comparators. Strong charges identify specific similarly situated employees outside the protected class who were treated more favorably.
• Mediation. EEOC offers a voluntary mediation program. Alabama charges are eligible. Mediation typically occurs within 60–90 days of filing and resolves cases at substantially higher rates than full investigations.
• Continuing-violation doctrine. Under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), discrete acts (termination, demotion, failure to promote) must each be charged within 180 days, but hostile-work-environment claims may sweep in earlier acts if at least one act occurred within the charging period.
• No retaliation for charging. 42 U.S.C. § 2000e-3(a) prohibits retaliation for filing or participating in an EEOC charge. Document any post-filing adverse actions and consider an amended charge.
• Right-to-sue request. Charging party may request a Notice of Right to Sue 180 days after charge filing without waiting for EEOC investigation to conclude (29 C.F.R. § 1601.28).
• AADEA strategic option. For age plaintiffs, evaluate whether to (a) file an EEOC charge, (b) file an AADEA lawsuit directly in state court, or (c) do both. State-court filing avoids federal removal exposure but forfeits federal-ADEA liquidated-damages remedies for non-willful violations.

12. SOURCES AND REFERENCES

• EEOC — How to File a Charge of Employment Discrimination — https://www.eeoc.gov/how-file-charge-employment-discrimination
• EEOC Birmingham District Office — https://www.eeoc.gov/field/birmingham/
• EEOC Public Portal — https://publicportal.eeoc.gov/
• EEOC Form 5 (Charge of Discrimination) — https://www.eeoc.gov/employees/charge.cfm
• 29 C.F.R. Part 1601 (EEOC Charge Procedures) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• Title VII, 42 U.S.C. § 2000e et seq. — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• ADA, 42 U.S.C. § 12101 et seq. — https://www.ada.gov/
• ADEA, 29 U.S.C. § 621 et seq. — https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• Alabama Age Discrimination in Employment Act (AADEA), Ala. Code § 25-1-20 et seq. — https://law.justia.com/codes/alabama/title-25/chapter-1/article-3/
• Alabama Code Title 21, Chapter 7 — https://law.justia.com/codes/alabama/title-21/chapter-7/
• Alabama Department of Labor, Equal Opportunity Unit — https://adol.alabama.gov/services/equal-opportunity/
• Alabama Department of Human Resources — https://dhr.alabama.gov/
• Alabama State Bar — https://www.alabar.org/
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002)
• Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Alabama has no state human-rights agency; this template is structured as an EEOC charge with Alabama-specific filing notes. Filing deadlines are strict and jurisdictional. An attorney licensed in Alabama must review and customize this document before filing. Laws, citations, and agency procedures change frequently; verify all authorities before use.